Ultimate Guide to Bringing Your Internationally Adopted Child to the USA
Adopting children from overseas does not automatically grant them entry into the United States. To bring your adopted child into the U.S., you must adhere to specific immigration regulations. The exact requirements vary based on the country of origin and whether the child qualifies as an orphan under U.S. immigration law. There are three general processes for adopting a child across international boundaries. The crucial factor is whether the child’s country of residence has signed on to the Hague Convention. Most intercountry adoptions are governed by Hague convention. Sometimes the process to choose also depends on the specific circumstances, such as the age of the child or the childs’ home country policies on adoption. Regardless of the adoption process, the adoptive parents must work with a Primary Provider or an Adoption Service Provider in order to complete an intercountry adoption. You can find information on accredited adoption service providers (ASPs) in the ASP Directory, searching by country, needed service, or provider’s location. An adoption agency can help arrange an adoption but cannot represent you before USCIS or provide legal advice on your child’s immigration. For legal representation, consider hiring an attorney. Hague Process If you are adopting a child residing in a country party to the Hague Adoption Convention, you should use the “Hague Process.” Each member nation has a designated central authority responsible for overseeing the process. The State Department is the central authority in the U.S. Eligibility Requirements: You must be a U.S. citizen. If unmarried, you must be at least 25 years old. If married, you and your spouse must both participate in the adoption process. Steps to Follow: File Form I-800A: If you decide to adopt from a country which is a signatory to the Hague Convention, the first step is to submit the ‘Application for Determination of Suitability to Adopt a Child from a Convention Country’ to USCIS. This includes a filing fee, fingerprinting, and a home study by an authorized provider. File Form I-800: Once I-800A is approved, and you either choose a child or a child is matched with you by the Adoption Service Provider or the child’s Country of origin, file the ‘Petition to Classify Convention Adoptee as an Immediate Relative’ to USCIS. An important aspect to remember is that you have to file form I-800 before the adoption to determine the child’s eligibility to immigrate. No filing fee is required for the first child unless adopting multiple non-sibling children. Child’s Eligibility: The child must reside in a Hague Convention country. The child’s legal custodians must irrevocably consent to the adoption and the child’s emigration. Form I-800 must be filed before the child’s 16th birthday, with certain protections for older children if Form I-800A was filed when the child was between 15 and 16. Final Steps: If Form I-800 is approved, USCIS will notify the U.S. embassy or consulate. Complete the adoption or gain custody in anticipation of adoption in the U.S. The child can